FYI from LtCol Atterbury. -dsw -----Original Message----- From: Atterbury LtCol Paul H Sent: Friday, July 29, 2011 7:49 To: Wacker Capt Douglas S Subject: RE: U.S. v. Wacker Case Captain Wacker, Thank you for the email. As discussed yesterday, I will provide a full response soon. S/F, LtCol Atterbury Paul H. Atterbury Lieutenant Colonel U.S. Marine Corps Regional Defense Counsel - West ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. This communication is privileged as attorney work product and/or attorney-client communication or is protected by another privilege recognized under the law. Do not distribute, forward, or release without the prior approval of the sender. In addition, this communication may contain individually identifiable information the disclosure of which, to any person or agency not entitled to receive it, is or may be prohibited by the Privacy Act, 5 U.S.C. §552a. Improper disclosure of protected information could result in civil action or criminal prosecution. -----Original Message----- From: Wacker Capt Douglas S Sent: Thursday, July 28, 2011 18:17 To: Atterbury LtCol Paul H Cc: Hur Capt Christian P; haytham@puckettfaraj.com; douglas.wacker@gmail.com Subject: U.S. v. Wacker Case Sir, The below email details out the issue in regard to a requested review at NC&PB. According to the CAA letter attached, a copy of the Record of Trial was supposed to be sent to them. I have also attached the SJAR, Findings, and the Sentence Worksheet as well as an email and letter from Mr. Faraj to MajGen Ary, SJA to CMC. Ultimately, I was acquitted of all of the sexual assault charges, but found guilty of a single specification of Art. 133 and sentenced to "No Punishment" with individual letters of recommendation for clemency by all six members of the panel. In addition to NCP&B, I will still be fighting issues in regard to the following: 1. Art. 69(a)-(b) review and appeal to SJA to CMC 2. Show Cause/BOI (I have not received paperwork on this matter yet, but expect that it will come; I know I MEF and M&RA are the only two authorities that can make this decision, although the case is routed through MARFORPAC as well). 3. I was selected by the Majors Selection Board, but was notified that my name was pulled before publishing the list, I still have an opportunity to submit paperwork to have that reinstated. Capt Hur is now the XO of 3d Bn, RTR at MCRD (a non-DC billet) and does not have the time to continue to represent me, therefore I would request that another defense counsel be detailed to assist in the pending matters and eventual BOI, if it is so established. There are approximately 5,000 pages of discovery and trial record that will need to be reviewed by a new counsel and I would prefer to have him or her spun up rather than have to request delays. I can be reached by phone at 858-401-9392 cell; 858-577-6730 wk; douglas.wacker@usmc.mil or douglas.wacker@gmail.com. Thank you for your time and consideration. V/R, S/F Capt Wacker -----Original Message----- From: Wacker Capt Douglas S Sent: Thursday, July 28, 2011 17:38 To: Hur Capt Christian P; 'haytham@puckettfaraj.com' Cc: 'douglas.wacker@gmail.com' Subject: NC&PB Requested Review Gentlemen, I am concerned about this paragraph in SECNAVINST 5815.3J (NC&PB)(dtd 12 Jun 03): b. Requested Clemency Review. No later than 10 days after the receipt of the convening authority's action, an offender not eligible for mandatory clemency review but eligible to request clemency review will notify the convening authority or the OEGCMJ, in writing, copy to the NC&PB (and another copy to Navy and Marine Corps Appellate Leave Activity), that the offender requests clemency review. The offender then has 20 days within which to file the request for clemency review and any supporting documents with the convening authority or OEGCMJ. Failure to meet the submission requirements in a timely manner, without good cause shown, may result in denial by NC&PB of the request for clemency review. The offender is entitled to the assistance of defense counsel in submitting such a request. This is a 115-page document in regard to the NC&PB process (not including the other links on the website that provide pertinent information http://www.donhq.navy.mil/corb/ncpbmainpage.htm). Obviously, it has taken me a few days to scour over the document to understand the process. I do not rate a "mandatory review" because I did not receive 12 months confinement or a dismissal. I'm still trying to figure out whether I fall in a crack in the jurisdictional issue of the NC&PB because I don't have any remaining confinement left on my sentence. I believe I rate a "requested review". I went to the Review Office at Miramar and found out only 2 boxes of the Record of Trial were sent to OJAG (Code 40) [NAMARA] for a 69(a) review. No copy of the Record of Trial was sent to the NC&PB. Chris, I know you are super busy with your new billet as XO of 3d Bn, RTR, but I need to figure this issue out and figure out when/how I can be assigned a DDC for this issue and/or a potential BOI. Please let me know how to handle this matter. S/F Doug Douglas S. Wacker Captain, USMC Future Operations Officer MWHS-3, 3D MAW douglas.wacker@usmc.mil Wk: 858-577-6730 DSN: 267-6730 Cell: 858-401-9392 "Don't tell people how to do things, tell them what to do and let them surprise you with their results." ~George S. Patton
Attachment:
smime.p7s
Description: S/MIME cryptographic signature